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15-152 - Satcher v. Saad


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15-152 - Satcher v. Saad
June 17, 2016
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REPORT AND RECOMMENDATIONS re 8 MOTION to Dismiss filed by J. Saad. The petitioners allegation that the sentencing court improperly delegated its authority to set the amount and timing of his restitution payment to the BOP is with merit. Because the sentencing court did not require immediate payment which is necessary as per Miller, it is the recommendation of the undersigned that the respondents Motion to Dismiss or, in the alternative, Motion for Summary Judgment [ECF No. 8] be DENIED. Signed by Magistrate Judge James E. Seibert on 6/17/16. (copies to Pro Se Petitioner via CM/rrr; counsel via CM/ECF; Judge Stamp)(lmm) (Additional attachment(s) added on 6/17/2016: # (1) Certified Mail Return Receipt) (lmm).
July 29, 2016
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MEMORANDUM OPINION AND ORDER DECLINING TO ACCEPT AND ADOPT 15 REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE,SUSTAINING RESPONDENT'S OBJECTIONS AND GRANTING RESPONDENT'S 8 MOTION TO DISMISS OR FOR SUMMARY JUDGMENT. Signed by Senior Judge Frederick P. Stamp, Jr on 7/29/16. It is ORDERED that his civil action be DISMISSED WITH PREJUDICE and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. (copies to Pro Se Petitioner via CM/rrr; counsel via CM/ECF) (lmm) (Additional attachment(s) added on 7/29/2016: # (1) Certified Mail Return Receipt) (lmm).